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Editor’s note–This chapter consists of the zoning
ordinance, Ordinance 284 adopted on May 22, 1987, and later published
as article 3 of chapter 15 in the 1995 Code of Ordinances and as subsequently
amended. Section numbers, style, capitalization and formatting have
been changed to be consistent with the remainder of the Code of Ordinances,
and this will be maintained in future amendments to this chapter.
Changes in the names of state agencies have been incorporated without
notation. Obviously misspelled words have been corrected without notation.
Except for these changes, such ordinance is printed herein as enacted
and amended. Any other material added for purposes of clarification
is enclosed in brackets.
This chapter shall be known and may be cited as “The City
of Fritch Zoning Ordinance.”
(1995 Code, sec. 15-41)
The interpretation and application of the provisions of this
chapter shall be construed as the minimum requirements for the promotion
of the public safety, health, convenience, comfort, prosperity or
general welfare. It is not intended to interfere with, abrogate or
annul any easement, covenants or other agreements between parties;
provided, however, that where this chapter imposes a greater restriction
upon the use of buildings or premises, or upon the height of a building,
or requires larger open spaces than are imposed or required by other
ordinances, rules, regulations or by easements, covenants or agreements,
the provisions of this chapter shall govern. These provisions are
not intended to abrogate or annul any permit issued before the effective
date of this chapter (May 22, 1987).
(1995 Code, sec. 15-42)
(a)
For the purpose of this chapter, the city is hereby divided into
six (6) zoning districts which shall be known and cited as:
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R-1
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Single-family residential district
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R-2
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Mixed-family residential district
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R-3
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Multiple-family residential district
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R-4
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Diverse-family residential district
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B-1
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Highway business district
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A
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Agricultural district
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(b)
Each zoning district herein established is provided for a specific
purpose in accordance with a comprehensive plan for the location of
various types of uses throughout the city as follows:
(1)
R-1 single-family residential district.
Certain areas
of the city are presently developed purely as single-family residential
areas. In order to protect these areas from the introduction of incompatible
uses, and to encourage the continued development of such areas, this
district is provided. It is intended that public and quasi-public
uses necessary to neighborhood development be permitted.
(2)
R-2 mixed residential district.
This district is intended
for use in basically single-family residential areas, but those that
may also include a scattering of two-family dwellings. This district
would also permit residentially oriented public and quasi-public uses.
(3)
R-3 multiple-family residential district.
This district
is intended to be applied to those residential areas which presently
contain multiple-family dwelling structures, or to those which, because
of their present situation and character, are considered particularly
well-suited to such development. In addition to multiple-family dwellings,
uses permitted in the R-2 district are permitted.
(4)
R-4 diverse-family residential district.
Certain areas
of the city are developed with a mixture of single-family, duplex
and mobile homes. In order to protect these areas from the introduction
of incompatible uses, and to encourage the continued development of
such areas, this district is provided. R-1 and R-2 type uses would
also be permitted.
(5)
B-1 highway business district.
This district is intended
to accommodate those uses which are generally associated with, or
depend upon, a highway location, to provide more convenient access
and service to highway traffic. R-1, R-2 and R-3 type uses would also
be permitted.
(6)
A agricultural district.
This district is intended to
be applied to the portions of areas which are either being used for
agricultural purposes or for which no specific urban development is
intended in the relatively near future. Uses permitted in this district
are generally those which are customarily agricultural in nature,
those which require large land areas, and those generally not requiring
a close association with other types of development. It is anticipated
that these areas will be changed to more particularized zoning districts
as development occurs.
(c)
Any zoning district designation appearing on the zoning district
map may be preceded by the prefix “FP.” Such an indication
shall apply to low-lying floodplain areas along major streams and
drainageways in the city which are subject to periodic inundation,
and which are unsuited in present form for use as building sites.
Those zoning districts whose designation is preceded by the prefix
“FP” may be used only for those uses hereinafter listed.
(d)
Certain uses, because of their nature and existing locations, are
not always appropriate for categorizing into specific zoning districts.
To provide for the proper handling and location of such specific uses,
provision is made hereinafter for the granting of a permit for a specific
use in the specific location.
(1995 Code, sec. 15-43)
(a)
The location and boundaries of the districts herein established are
shown upon the zoning district map, which is hereby incorporated into
this chapter. The zoning district map, together with all notations,
references, and other information shown thereon and all the amendments
thereto, shall be a part of this chapter as if fully set forth and
described herein.
(b)
The zoning district map shall be kept in the office of the city secretary.
(c)
It shall be the duty of the city secretary to keep the zoning district
map current by entering on such map changes of zoning districts or
district boundaries which the city council may from time to time order
by amendments to the zoning ordinance and zoning district map. A copy
of the zoning district map, in the form as originally adopted, shall
be kept in the office of the city secretary as a permanent record.
(1995 Code, sec. 15-44)
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts shown on the zoning district map, the following
rules shall apply:
(1)
Where district boundaries are indicated as approximately following
the centerlines of streets or highways, such centerlines shall be
construed to be the boundaries.
(2)
Where district boundaries are so indicated that they approximately
follow lot lines, such lot lines shall be construed to be the boundaries.
(3)
Where district boundaries are so indicated that they are approximately
parallel to the centerline of streets or highways, such district boundaries
shall be construed as being parallel thereto and at such distance
therefrom as indicated on the zoning district map. If no distance
is given, such dimensions shall be determined by the use of the scale
on the zoning district map.
(4)
In unsubdivided property, the district boundary lines on the zoning
district map shall be determined by use of the scale on the map.
(5)
In the case of a district boundary line dividing a platted lot into
two (2) parts, the district boundary line shall be construed to be
the property line nearest the district boundary line as shown.
(6)
Whenever any street, alley or other public way is vacated by official
action of the city council, the zoning district adjoining each side
of such street, alley or public way shall be automatically extended
to the center of such vacation, and all area included in the vacation
shall then be subject to all regulations of the extended districts.
(7)
Where the streets or alleys on the ground differ from the streets
or alleys as shown on the zoning district map, the streets or alleys
on the ground shall control.
(8)
If none of the above apply, the city council shall determine the
location of the district boundary.
(1995 Code, sec. 15-45)
Except as hereinafter specifically provided:
(1)
No land shall be used except for a purpose permitted in the district
in which it is located.
(2)
No building shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, nor shall any building be used, except
for a use permitted in the district in which such building is located.
(3)
No building shall be erected, converted, enlarged, reconstructed
or structurally altered to exceed the height limit herein established
for the district in which such building is located.
(4)
No building shall be erected, converted, enlarged, reconstructed
or structurally altered except in conformity with the area regulations
of the district in which such building is located.
(5)
No building shall be erected or structurally altered to the extent
specifically provided hereinafter except in conformity with the off-street
parking and loading regulations of the district in which such building
is located.
(6)
The minimum yards, parking spaces and open spaces, including lot
area per dwelling unit, required by this chapter for each and every
building existing at the time of passage of the zoning ordinance or
for any building hereafter erected, shall not be encroached upon or
considered as part of the yard or parking space or open space required
for any other building, nor shall any lot area be reduced below the
requirements of this chapter for the district in which such lot is
located.
(7)
Every building hereafter erected or structurally altered shall be
located on a lot as herein defined.
(1995 Code, sec. 15-46)
(a)
All territory annexed to the city hereafter shall be temporarily
classified as an A agricultural district, until permanently zoned
by the city council. The planning and zoning commission shall, as
soon as practicable after annexation of any territory, recommend to
the city council a plan for permanent zoning in the area. The procedure
to be followed for adoption shall be the same as is provided by law
for the adoption of original zoning regulations.
(b)
In an area temporarily classified as an A agricultural district,
no permit for the construction of a building or use of land other
than types of buildings or land use allowed in the district under
this chapter shall be issued by the zoning official until such permit
has been specifically authorized by the city council after receipt
of recommendation from the planning and zoning commission. Permits
for the construction of buildings in newly annexed territory, prior
to permanent zoning, may be authorized under the following conditions:
(1)
An application for any use shall be made to the zoning official,
said application to show the use contemplated, and a plat showing
the size and type of buildings to be constructed; and
(2)
If such application is for other than a building allowed in the A
agricultural district, it shall be referred to the planning and zoning
commission for recommendation to the city council which shall grant
or deny the permit; provided, however, that a favorable vote of three-fourths
(3/4) of all members of the city council shall be required if the
recommendation of the planning and zoning commission is not followed.
(1995 Code, sec. 15-47)
For the purpose of this chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word “building” shall include the word
“structure”; the word “shall” is mandatory
and not directive; the word “lot” includes the word “plot”;
the term “used for” includes the meaning “designed
for” or “intended for.” Said words and terms are
as follows:
An “accessory building or use” is one which:
Is subordinate to and serves a principal building or principal
use; and
Is subordinate in area, extent or purpose to the principal building
or principal use served; and
Contributes to the comfort, convenience and necessity of occupants
of the principal building or principal use served; and
Is located on the same building lot as the principal building
or principal use served; and
Includes home occupations which would be an occupation carried
on within the walls of a dwelling unit and not visible or noticeable
in any manner or form from outside the walls of the dwelling, except
for a sign which identifies the home occupation and does not exceed
two (2) square feet in area. The home occupation must not create noise
or obnoxious conditions to abutting residential property, such as
emission of odor, increased traffic, or generation of light or smoke.
A side of block facing upon a street, within which lots face
the abutting street.
The city council.
To erect, convert, enlarge, reconstruct, or alter a building
or structure.
Any structure built for the support, shelter, or enclosure
of persons, animals, chattels, or movable property of any kind.
The vertical distance from the average grade of the finished
ground level at the center of all walls of a building to the highest
finished roof surface in the case of flat roofs, or to a point at
the average height of roofs having a pitch of more than one (1) foot
in four and one-half (4-1/2) feet.
A line forming the rear of the required front yard, such
line being generally parallel to the front lot line.
A tract of land which, at the time of filing for a building
permit, is intended by its owner or developer as a tract to be used,
developed, or built upon as a unit, under single ownership or control.
It shall front upon a dedicated street or approved place.
Width of the building site left to be built upon after the
required side yards are provided.
A zoning district which is a part of the city, wherein the
regulations of this chapter are uniform.
A building or portion thereof, but not a mobile home, designed
and used exclusively for residential occupancy, including one-family
dwellings, two-family dwellings, and multiple-family dwellings, but
not including hotels, motels or lodginghouses.
Dwelling, multiple-family.
A residential structure or portion thereof constructed for
and/or occupied by three or more families and containing three or
more dwelling units.
Dwelling, single-family.
A residential structure containing only one dwelling unit
and/or occupied by only one family.
Dwelling two-family.
A residential structure containing two dwelling units and/or
occupied by two families.
One or more rooms which are arranged, designed, used, or
intended to be used for occupancy by a single family or group of persons
living together as a family or by a single person. Bathrooms and kitchen
facilities, permanently installed, are provided for each dwelling
unit.
A structure constructed on or after June 15, 1976, according
to the rules of the United States Department of Housing and Urban
Development, transportable in one or more sections, which, in the
traveling mode, is eight body feet or more in width or 40 body feet
or more in length, or when erected on site is 320 or more square feet,
and which is built on a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air conditioning
and electrical systems. The term does not include a recreational vehicle
as that term is defined by 24 C.F.R. sec. 3282.8(g). (Tex. Rev. Civ.
Stat. Ann. art. 5221f, sec. 3(9)).
An area within the main building or on the same lot which
provides for the standing, loading or unloading of trucks.
A tract or parcel of land which is occupied or intended to
be occupied by a building or use having frontage on a dedicated street
or approved place.
Lot, corner.
A building lot situated at the intersection of two streets,
the interior angle of such intersection not to exceed 135 degrees.
Lot, interior.
A building lot other than a corner lot.
Lot, through.
A building lot where both the front and rear lot lines adjoin
street lines. On a through lot both street lines shall be deemed front
lot lines.
The area of a horizontal plane intercepted by the vertical
projections of the front, side and rear lot lines of a building lot.
The mean horizontal distance between the front lot line and
the rear lot line of a building measured within the lot boundary.
A boundary of a building lot.
Lot line, front.
The boundary of a building lot which is the line of an existing
or dedicated street. Upon corner lots, either street line may be selected
as the front lot line provided a front and rear yard are established
adjacent and opposite, respectively, to the front lot line.
Lot line, rear.
That boundary of a building lot which is most distant from
and is, or is most nearly, parallel to the front lot line.
Lot line, side.
Any boundary of a building lot which is not a front lot line
or a rear lot line.
An area of land designated as a lot on a plat of a subdivision
recorded pursuant to statutes of the state with the county clerk,
or an area of land held in single ownership described by metes and
bounds upon a deed recorded or registered with the county clerk.
The minimum distance measured in a straight line between
the side lot lines of a building lot along a straight line, which
shall be on the side of the building line opposite from the front
lot line and one which must touch the building line at one point.
A structure that was constructed before June 15, 1976, transportable
in one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or when erected
on site is 320 or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities and includes the
plumbing, heating, air-conditioning and electrical systems. (Tex.
Rev. Civ. Stat. Ann. art. 5221f, section 3(17)). As a matter of public
health and safety and acting under the authority of state law (Tex.
Rev. Civ. Stat. Ann. art. 5221f, section 4A(a)), upon passage of Ordinance
402 (December 18, 2001), the city shall prohibit the placement or
location of a “mobile home,” as defined in this section,
within the corporate limits of the city. Additionally, all other references
to “mobile homes” or “trailer houses” within
this chapter or elsewhere in this code shall be construed to mean
“HUD-code manufactured housing,” as defined in this section.
A unified development of three (3) or more mobile home spaces
or stands arranged on a tract of land under private ownership.
A unified development of mobile home sites or lots which
have been divided for the purpose of individual ownership.
A “nonconforming building” is any building or
structure within a district that does not comply with the height,
parking, loading, coverage, area or screening regulations of the district
in which it is located; a “nonconforming lot” is any lot
within a district that does not conform to the width, depth and area
regulations of the district in which it is located.
Any use within a district that is not specifically permitted
by the use regulations of the district in which it is located.
Any cause or source of annoyance or harm to person or property
in a particular locality which constitutes an invasion or disturbance
of another’s rights.
The storage of any equipment, machinery, commodities, raw
or semifinished materials, and building materials which is visible
from any point on the building lot line when viewed from ground level
to six (6) feet above ground level.
A surfaced area, enclosed or unenclosed, sufficient in size
to store one automobile, together with a surfaced driveway connecting
the parking space with the street or alley and permitting ingress
or egress of an automobile. A parking space shall not occupy any public
land.
An area within a mobile home park which has been improved
for a single mobile home.
A unified development under private ownership designed primarily
for transient service on which travel trailers, pickup coaches, and
self-propelled motorized vehicles are parked, situated or used for
the purpose of supplying to the public a parking space for such vehicles.
The “use” of property is the purpose or activity
for which the land or building thereon is designed, arranged, or intended,
or for which it is occupied or maintained.
Any public or private utility installation, franchised or
otherwise approved by the city, providing required utility services
to the community and surrounding area.
An adjustment in the application of the specific regulations
of this chapter to a particular parcel of property which, because
of special conditions or circumstances peculiar to the particular
parcel, is necessary to prevent the property from being deprived of
rights and privileges enjoyed by other parcels in the same vicinity
and zoning districts. The special use is subject to reasonable conditions
imposed by the city for the protection of the health, safety, morals
and welfare of the citizens of the city.
Includes logging camps and contractors; sawmills and planing
mills; and the manufacturing of millwork, veneer, plywood, prefabricated
structural wood products, wood furniture, and other lumber and wood
products.
A yard or building where automobiles, machinery, appliances
or other used commodities and equipment are stored, dismantled, and/or
offered for sale as whole units or as salvaged parts.
An open space on the same building lot with a building unoccupied
and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided. A “yard” extends along a
lot line and at right angles to such lot line to a depth or width
specified in the yard regulations of the zoning district in which
such building is located.
Yard, required front.
A yard extending along the front lot line between the side
lot lines, the depth of which is measured from the front lot line
and the dimension of which is in accordance with the front yard requirements
for the district in which it is located.
Yard, required rear.
A yard extending along the rear lot line between the side
lot lines, the depth of which is measured from the rear lot line and
the dimension of which is in accordance with the rear yard requirements
for the district in which it is located.
Yard, required side.
A yard extending along the side lot line between the front
and rear yards, the width of which is measured from the side lot line
and the dimension of which is in accordance with the side yard requirements
for the district in which it is located.
The map or maps incorporated into this chapter by reference.
(1995 Code, sec. 15-48; Ordinance 402 adopted 12/18/01)
